Category Archives: Seth Rich

Butowsky v. NPR Folkenflik et al Amended Scheduling Order means no revelations from this case before 2020 election, Seth Rich fake news media narrative

Butowsky v. NPR Folkenflik et al Amended Scheduling Order means no revelations from this case before 2020 election, Seth Rich fake news media narrative

Mueller, as a matter of determined policy, omitted key steps which any honest investigator would undertake. He did not commission any forensic examination of the DNC servers. He did not interview Bill Binney. He did not interview Julian Assange. His failure to do any of those obvious things renders his report worthless.”…Craig Murray

“Fox News news analyst Ellen Ratner relayed information from Wikileaks founder Julian Assange to Texas businessman Ed Butowsky regarding Seth Rich’s role in transferring emails to Wikileaks, according to an amended lawsuit that I filed this morning on behalf of Mr. Butowsky.”…Attorney Ty Clevenger

“Who murdered Seth Rich and why?”…Citizen Wells

 

Ed Butowsky v. NPR Folkenflik, et al will be settled out of court, in mediation or at trial at such a late date that the major revelations from witness testimony will not be revealed before the 2020 election.

At least in this case, the fake news narrative perpetuated by NPR and the rest of the fake news media will prevail regarding Seth Rich and his alleged involvement in leaks to the DNC, until after the election.

From the Butowsky v. NPR Folkenflik et al Amended Scheduling Order filed August 21, 2019.

“April 30, 2020 All discovery shall be commenced in time to be completed by
this date.
June 1, 2020 Deadline for motions to dismiss, motions for summary
judgment, or other dispositive motions.
July 27, 2020 Date by which the parties shall notify the Court of the name,
address, and telephone number of the agreed-upon mediator,
or request that the Court select a mediator, if they are unable
to agree on one.

August 10, 2020 Notice of intent to offer certified records.
August 10, 2020 Counsel and unrepresented parties are each responsible for
contacting opposing counsel and unrepresented parties to
determine how they will prepare the Joint Final Pretrial Order
(See http://www.txed.uscourts.gov) and Joint Proposed Jury
Instructions and Verdict Form (or Proposed Findings of Fact
and Conclusions of Law in non-jury cases).
August 10, 2020 Video Deposition Designation due. Each party who proposes
to offer a deposition by video shall serve on all other parties a
disclosure identifying the line and page numbers to be offered.
All other parties will have seven calendar days to serve a
response with any objections and requesting crossexamination line and page numbers to be included. Counsel
must consult on any objections and only those which cannot
be resolved shall be presented to the court. The party who filed
the initial Video Deposition Designation is responsible for
preparation of the final edited video in accordance with all
parties’ designations and the Court’s rulings on objections.
August 31, 2020 Mediation must occur by this date.
August 31, 2020 Motions in limine due.
File Joint Final Pretrial Order. (See http://www.txed.uscourts.gov).
September 18, 2020 Response to motions in limine due.3

September 18, 2020 File objections to witnesses, deposition extracts, and exhibits,
listed in pre-trial order.4 (This does not extend deadline to
object to expert witnesses) (Provide the exhibit objected to in
the motion or response). If numerous objections are filed the
court may set a hearing prior to docket call.
File Proposed Jury Instructions/Form of Verdict (or Proposed
Findings of Fact and Conclusions of Law).
Date will be set by court. If numerous objections are filed the court may set a hearing
Usually within 10 days prior to to consider all pending motions and objections.
the Final Pretrial Conference.
October 2, 2020 Final Pretrial Conference at 9:00 a.m. at the Paul Brown
United States Courthouse located at 101 East Pecan Street in
Sherman, Texas. Date parties should be prepared to try case.
All cases on the Court’s Final Pretrial Conference docket for
this day have been set at 9:00 a.m. However, prior to the Final
Pretrial Conference date, the Court will set a specific time
between 9:00 a.m. and 4:00 p.m. for each case, depending on
which cases remain on the Court’s docket.

To be determined 10:00 a.m. Jury selection and trial at the Paul Brown United
States Courthouse located at 101 East Pecan Street in
Sherman, Texas. A specific trial date will be selected at the
Final Pretrial Conference.5”

https://www.courtlistener.com/recap/gov.uscourts.txed.183024/gov.uscourts.txed.183024.70.0.pdf

 

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Butowsky v. NPR Folkenflik et al Agreed Motion to Modify Scheduling Order August 19, 2019, Additional time is necessary for completion of discovery

Butowsky v. NPR Folkenflik et al Agreed Motion to Modify Scheduling Order August 19, 2019, Additional time is necessary for completion of discovery

Mueller, as a matter of determined policy, omitted key steps which any honest investigator would undertake. He did not commission any forensic examination of the DNC servers. He did not interview Bill Binney. He did not interview Julian Assange. His failure to do any of those obvious things renders his report worthless.”…Craig Murray

“Fox News news analyst Ellen Ratner relayed information from Wikileaks founder Julian Assange to Texas businessman Ed Butowsky regarding Seth Rich’s role in transferring emails to Wikileaks, according to an amended lawsuit that I filed this morning on behalf of Mr. Butowsky.”…Attorney Ty Clevenger

“Who murdered Seth Rich and why?”…Citizen Wells

 

From the Ed Butowsky v. NPR Folkenflik et al Agreed Motion to Modify Scheduling Order dated August 19, 2019.

1. On March 21, 2019, this Court entered a Scheduling Order (Dkt. # 57), which set forth various deadlines up to an including a Final Pretrial Conference on January 31, 2020. Pending before the Court at that time were Defendants’ Motion to Dismiss for Failure to State a Claim, filed on October 16, 2018 (Dkt. # 25) and Plaintiff’s Motion for Leave to Amend Complaint, filed on March 15, 2019 (Dkt. 53). On April 17, 2019, the Magistrate Judge issued a
Report and Recommendation, recommending that Defendants’ Motion to Dismiss be denied (Dkt. # 58), and on August 7, 2019, the Court adopted that Report and Recommendation and denied the Defendants’ Motion to Dismiss, and additionally granted the Plaintiff’s Motion for Leave to Amend his Complaint (Dkt. # 65).

2. The parties have exchanged written discovery, but have mutually agreed that in light of the number of witnesses who must be deposed, several of whom are non-parties outside the control of any party, additional time is necessary for completion of discovery, the deadline to file dispositive motions, and trial. In addition, Plaintiff wishes to further amend his pleadings, based on events which occurred after the current Scheduling Order’s deadline to amend pleadings. Accordingly, the parties jointly request that portions of the March 21, 2019
Scheduling Order be modified, as set forth below.”

Read more:

https://www.courtlistener.com/recap/gov.uscourts.txed.183024/gov.uscourts.txed.183024.68.0.pdf

 

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Ed Butowsky v. Michael Gottlieb et al, Amended Complaint July 31, 2019, Seth Rich leaked DNC emails, Julian Assange told Ellen Ratner who notified Butowsky, Joel Rich revealed Aaron role

Ed Butowsky v. Michael Gottlieb et al, Amended Complaint July 31, 2019, Seth Rich leaked DNC emails, Julian Assange told Ellen Ratner who notified Butowsky, Joel Rich revealed Aaron role

Mueller, as a matter of determined policy, omitted key steps which any honest investigator would undertake. He did not commission any forensic examination of the DNC servers. He did not interview Bill Binney. He did not interview Julian Assange. His failure to do any of those obvious things renders his report worthless.”…Craig Murray

“Fox News news analyst Ellen Ratner relayed information from Wikileaks founder Julian Assange to Texas businessman Ed Butowsky regarding Seth Rich’s role in transferring emails to Wikileaks, according to an amended lawsuit that I filed this morning on behalf of Mr. Butowsky.”…Attorney Ty Clevenger

“Who murdered Seth Rich and why?”…Citizen Wells

 

From the Ed Butowsky v. Michael Gottlieb et al, Amended Complaint:

“42. The DNC employee responsible for the leaks was Seth Rich, and he was
assisted by his brother Aaron. Mr. Butowsky does not know exactly when the DNC figured out that Mr. Rich was the source of the leak. On July 10, 2016, however, Mr. Rich was fatally shot while walking home in Washington, D.C., and the murder has not been solved. Mr. Butowsky does not know whether the murder is related to Mr. Rich’s role in leaking DNC emails.
43. Shortly after the murder, the interim DNC chair at the time, Donna Brazile,
reached out to Mr. McCabe and Washington, D.C. Mayor Muriel Bowser for help in dealing with the political consequences of the murder. Ms. Brazile knew suspicions would soon arise, fairly or unfairly, that the murder was connected to the email leaks. D.C. police allowed the FBI to unlock Seth Rich’s electronic devices, and the FBI obtained data showing that Mr. Rich had indeed provided the DNC emails to Wikileaks. At Mr. McCabe’s direction, however, that information was kept secret with orders that it not be produced in response to any Freedom of Information Act request. For her part, Ms. Bowser directed D.C. police not to pursue any investigative avenues that might connect the murder to the email leaks. At her direction, local police blamed the murder on a “botched robbery” even though Mr. Rich’s watch, wallet, and other belongings were not removed from his body.
44. On July 22, 2016, Wikileaks began publishing thousands of email that had
been downloaded from the DNC’s servers by Seth Rich and his brother, Aaron. Those emails showed how the campaign of Democratic Presidential nominee Hillary Clinton had corruptly taken control of the DNC for the purpose of sabotaging her primary opponent, Bernie Sanders. Per their game plan, the Clinton campaign and the DNC immediately claimed that the emails had been obtained by hackers working for the Russian government.
45. Mr. Butowsky stumbled into the RCH crosshairs after Ellen Ratner, a news
analyst for Fox News and the White House correspondent for Talk Media News,
contacted him in the Fall of 2016 about a meeting she had with Mr. Assange. Ms.
Ratner’s brother, the late Michael Ratner, was an attorney who had represented Mr. Assange. According to Ms. Ratner, she made a stop in London during a return flight from Berlin, and she met with Mr. Assange for approximately six hours in the Ecuadorean embassy. Ms. Ratner said Mr. Assange told her that Seth Rich was responsible for releasing the DNC emails to Wikileaks. Ms. Ratner said Mr. Assange wanted the information relayed to Seth’s parents, as it might explain the motive for Seth’s murder.
46. Upon her return to the United States, Ms. Ratner asked Mr. Butowsky to
contact the Rich family and relay the information from Mr. Assange, apparently because Ms. Ratner did not want her involvement to be made public. In the two months that followed, Mr. Butowsky did not attempt to contact the Rich family, but he grew increasingly frustrated as the DNC and #Resistance “journalists” blamed the Russian government for the email leak. On December 16, 2016, Mr. Butowsky sent a text message to Ms. Ratner:”

“Ms. Ratner subsequently told Mr. Butowsky that she had informed Bill Shine, who was then the co-president of Fox News, about her meeting with Mr. Assange in London. Ms. Ratner also informed Fox News producer Malia Zimmerman about her meeting with Mr. Assange.
47. On December 17, 2016, at the instigation of Ms. Ratner, Mr. Butowsky finally
contacted Joel and Mary Rich, the parents of Seth, and he relayed the information about Ms. Ratner’s meeting with Mr. Assange. During that conversation, Mr. Rich told Mr. Butowsky that he already knew that his sons were involved in the DNC email leak, but he and his wife just wanted to know who murdered Seth. Mr. Rich said he was reluctant to go public with Seth’s and Aaron’s role in leaking the emails because “we don’t want anyone to think our sons were responsible for getting Trump elected.” Mr. Rich said he
did not have enough money to hire a private investigator, so Mr. Butowsky offered to pay for one. Mr. Rich accepted the offer and thanked Mr. Butowsky in an email.”

I strongly urge you to read the entire complaint:

https://www.courtlistener.com/recap/gov.uscourts.txed.188353/gov.uscourts.txed.188353.101.0.pdf

 

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Ellen Ratner only relayed information from Julian Assange about Seth Rich, Attorney Ty Clevenger update July 29, 2019, Ed Butowsky learned of Aaron Rich alleged involvement in phone conversation with Joel Rich

Ellen Ratner only relayed information from Julian Assange about Seth Rich, Attorney Ty Clevenger update July 29, 2019, Ed Butowsky learned of Aaron Rich alleged involvement in phone conversation with Joel Rich

Mueller, as a matter of determined policy, omitted key steps which any honest investigator would undertake. He did not commission any forensic examination of the DNC servers. He did not interview Bill Binney. He did not interview Julian Assange. His failure to do any of those obvious things renders his report worthless.”…Craig Murray

“Unfounded links between Clinton and the Rich killing predate the July 13, 2016, “bulletin” and coverage of it by a sketchy site called WhatDoesItMean.com. What’s more, the “hit team” story, which Sines says was repeated several weeks later, wasn’t the primary Rich-related conspiracy that gained traction.”…Washington Post July 9, 2019

“Who murdered Seth Rich and why?”…Citizen Wells

 

From Attorney Ty Clevenger and LawFlog July 29, 2019.

“Correction: Ellen Ratner only relayed information about Seth Rich, according to Butowsky

Several readers identified a contradiction between a lawsuit that I drafted on behalf of Ed Butowsky versus what he said in an interview. The mistake is mine

Ellen Ratner only relayed information from Julian Assange about Seth Rich, but she said nothing about his brother, Aaron, according to Mr. Butowsky. Paragraph 45 of the First Amended Complaint in Edward Butowsy v. Michael Gottlieb, et al. mistakenly says she relayed information about both.

Mr. Butowsky said he knew nothing about Aaron’s alleged involvement until he had a phone conversation with Joel Rich, father of Seth and Aaron.”

“That’s why we asked Aaron Rich more than a year ago to authorize Wikileaks to reveal whether he was involved in leaking emails from the Democratic National Committee. Thus far, he and his lawyers have refused to do so.”

Read more:

http://lawflog.com/?p=2248

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FBI FOIA response to Attorney Ty Clevenger suggests Obama White House pressured intelligence agencies to blame Russia, Rybicki transcript, FBI still balking on Seth Rich records

FBI FOIA response to Attorney Ty Clevenger suggests Obama White House pressured intelligence agencies to blame Russia, Rybicki transcript, FBI still balking on Seth Rich records

Mueller, as a matter of determined policy, omitted key steps which any honest investigator would undertake. He did not commission any forensic examination of the DNC servers. He did not interview Bill Binney. He did not interview Julian Assange. His failure to do any of those obvious things renders his report worthless.”…Craig Murray

“Unfounded links between Clinton and the Rich killing predate the July 13, 2016, “bulletin” and coverage of it by a sketchy site called WhatDoesItMean.com. What’s more, the “hit team” story, which Sines says was repeated several weeks later, wasn’t the primary Rich-related conspiracy that gained traction.”…Washington Post July 9, 2019

“Who murdered Seth Rich and why?”…Citizen Wells

 

Just in from Attorney Ty Clevenger  and LawFlog.

“Transcript suggests Obama White House pressured intelligence agencies to blame Russia

Newly released documents from the FBI suggest that the Obama White House pushed intelligence agencies to publicly blame the Russians for email leaks from the Democratic National Committee to Wikileaks.

This afternoon I received an undated (and heavily redacted) transcript of an interview of James Rybicki, former chief of staff to former FBI Director James Comey, that includes this excerpt: “So we understand that at some point in October of 2016, there was, I guess, a desire by the White House to make some kind of statement about Russia’s…” and then the next page is omitted.

The comment is made by an unidentified prosecutor from the U.S. Office of Special Counsel or “OSC,” not to be confused with the office of former Special Counsel Robert Mueller (the OSC is a permanent office that investigates Hatch Act violations, and Mr. Comey was under investigation for trying to influence the 2016 Presidential election).

The context of the statement makes it all the more interesting, because the OSC prosecutors were noting that the FBI publicized its reactivation of the Clinton email investigation shortly before the 2016 election, and they were wondering why the FBI did not counterbalance that by publicizing the “Russian collusion” investigation into Donald Trump. In that setting, one of the prosecutors then commented that the White House wanted some kind of statement made about Russia.”

“In other words, it looks like the Obama White House put its thumb on the scale, pressuring intelligence agencies to adopt the Democratic National Committee’s talking points, i.e., to blame the stolen emails on Russian hackers rather than an internal source (like Seth Rich). Thanks to Roger Stone, we now know that neither the FBI nor anyone else from the U.S. government actually examined the DNC servers that supposedly were hacked. Instead, the FBI, et al. relied exclusively on a redacted report from CrowdStrike, a private security company with strong Democratic affiliations that was hired by Perkins Coie, the same firm that hired Christopher Steele and Fusion GPS.

As I noted in my July 23, 2019 post, CrowdStrike and the DNC are both fighting subpoenas that I issued (on behalf of Ed Butowsky) for information about the servers and the purported Russian hacking.

The Rybicki transcript was part of 55 additional pages that the FBI belatedly produced in response to my Freedom of Information Act lawsuit, Ty Clevenger v. U.S. Department of Justice, et al., Case No. 18-CV-01568 (E.D.N.Y.). (The FBI is still refusing to search its Computer Analysis and Research Team (“CART”) files for records related to Seth Rich, and that’s were any relevant records most likely would be found. I’ll be battling the FBI in federal court next month to make it search for records in CART).”

Read more:

Transcript suggests Obama White House pressured intelligence agencies to blame Russia

 

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DNC and CrowdStrike refuse to provide subpoenaed records requested by Attorney Ty Clevenger for Ed Butowsky, Leaked internally or hacked by Russians?, Seth Rich involvement?

DNC and CrowdStrike refuse to provide subpoenaed records requested by Attorney Ty Clevenger for Ed Butowsky, Leaked internally or hacked by Russians?, Seth Rich involvement?

Mueller, as a matter of determined policy, omitted key steps which any honest investigator would undertake. He did not commission any forensic examination of the DNC servers. He did not interview Bill Binney. He did not interview Julian Assange. His failure to do any of those obvious things renders his report worthless.”…Craig Murray

“Unfounded links between Clinton and the Rich killing predate the July 13, 2016, “bulletin” and coverage of it by a sketchy site called WhatDoesItMean.com. What’s more, the “hit team” story, which Sines says was repeated several weeks later, wasn’t the primary Rich-related conspiracy that gained traction.”…Washington Post July 9, 2019

“Who murdered Seth Rich and why?”…Citizen Wells

 

Just in from Attorney Ty Clevenger on LawFlog.

“DNC and CrowdStrike refuse to provide records about alleged Russian email hack”

“Last night, attorneys for the Democratic National Committee and CrowdStrike formally objected to subpoenas from Ed Butowsky, refusing to provide any records about whether DNC emails were leaked internally or hacked by Russians. The FBI also missed a deadline yesterday for providing records about Seth Rich.

Surprise, surprise. Three years after the purported Russian attack on DNC servers, and nobody outside the DNC or its contractors has seen those servers. Why not?

Frankly, I expected the DNC and CrowdStrike to balk, and I’ll be filing motions to compel in the next few weeks.

You will recall that Roger Stone forced federal prosecutors to admit in late May that neither the FBI nor Special Counsel Robert Mueller had investigated the DNC servers that allegedly were hacked by Russians. Instead, Mueller and the FBI relied exclusively on a redacted report from CrowdStrike.

To my knowledge, the U.S. Department of Justice had never before handed off a computer crime investigation to a third-party contractor hired by the alleged victim. Instead, the FBI (or some other law enforcement agency) had always investigated those crimes. Obviously, the DNC doesn’t want any independent investigation of its claims that Russian hackers — as opposed to a DNC employee like Seth Rich — were responsible for transferring DNC emails to Wikileaks.

Here’s another subject to ponder. More than a year ago, the DNC filed a kamakaze lawsuitalleging that the Trump campaign and the Russian government had conspired to hack its servers, apparently in hopes that the lawsuit would keep the Russian collusion hoax alive through the 2018 elections. At the time, President Trump welcomed the lawsuit, saying it would finally allow for an independent inspection of the DNC’s servers.

Why hasn’t that happened yet? The Trump campaign and some of the other defendants are represented by major law firms (as you would expect), and those firms have dutifully filed motions to dismiss, but it seems that none of those firms have demanded discovery, e.g., an opportunity to inspect the servers. Why not? And why didn’t some of the Congressional committee chairmen subpoena the servers when the House was under GOP control? Why isn’t Sen. Lindsey Graham doing it now?”

Read more:

http://lawflog.com/?p=2224

 

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Seth Rich saga: Butowsky v. Gottlieb et al amended complaint, Fox News Ellen Ratner relayed information from Julian Assange to Ed Butowsky regarding Seth Rich role in transferring emails to Wikileaks

Seth Rich saga: Butowsky v. Gottlieb et al amended complaint, Fox News Ellen Ratner relayed information from Julian Assange to Ed Butowsky regarding Seth Rich role in transferring emails to Wikileaks

Mueller, as a matter of determined policy, omitted key steps which any honest investigator would undertake. He did not commission any forensic examination of the DNC servers. He did not interview Bill Binney. He did not interview Julian Assange. His failure to do any of those obvious things renders his report worthless.”…Craig Murray

“Unfounded links between Clinton and the Rich killing predate the July 13, 2016, “bulletin” and coverage of it by a sketchy site called WhatDoesItMean.com. What’s more, the “hit team” story, which Sines says was repeated several weeks later, wasn’t the primary Rich-related conspiracy that gained traction.”…Washington Post July 9, 2019

“Who murdered Seth Rich and why?”…Citizen Wells

 

From Attorney Ty Clevenger July 15, 2019.

“Fox News news analyst Ellen Ratner relayed information from Wikileaks founder Julian Assange to Texas businessman Ed Butowsky regarding Seth Rich’s role in transferring emails to Wikileaks, according to an amended lawsuit that I filed this morning on behalf of Mr. Butowsky.

Although Ms. Ratner appears on Fox News, she is by no means a Republican or a conservative, and her role in the Seth Rich saga (like that of journalist Sy Hersh) obliterates the Democratic narrative that right-wing zealots fabricated the story about Mr. Rich leaking emails from the Democratic National Committee.”

“45. Mr. Butowsky stumbled into the RCH crosshairs after Ellen Rattner [sic], a news analyst for Fox News and the White House correspondent for Talk Media News, contacted him in the Fall of 2016 about a meeting she had with Mr. Assange. Ms. Rattner’s brother, the late Michael Rattner, was an attorney who had represented Mr. Assange. According to Ms. Rattner, she made a stop in London during a return flight from Berlin, and she met with Mr. Assange for approximately six hours in the Ecuadorean embassy. Ms. Rattner said Mr. Assange told her that Seth Rich and his brother, Aaron, were responsible for releasing the DNC emails to Wikileaks. Ms. Rattner said Mr. Assange wanted the information relayed to Seth’s parents, as it might explain the motive for Seth’s murder.

46. Upon her return to the United States, Ms. Rattner asked Mr. Butowsky to contact the Rich family and relay the information from Mr. Assange, apparently because Ms. Rattner did not want her involvement to be made public. In the two months that followed, Mr. Butowsky did not attempt to contact the Rich family, but he grew increasingly frustrated as the DNC and #Resistance “journalists” blamed the Russian government for the email leak. On December 16, 2016, Mr. Butowsky sent a text message to Ms. Ratner:

BUTOWSKY [7:10 a.m.]: “Why don’t [sic] you speaking up about email hack?”

RATTNER [9:28 a.m.]: “I have”

Ms. Rattner subsequently told Mr. Butowsky that she had informed Bill Shine, who was then the co-president of Fox News, about her meeting with Mr. Assange in London. Ms. Rattner also informed Fox News producer Malia Zimmerman about her meeting with Mr. Assange.

47. On December 17, 2016, at the instigation of Ms. Rattner, Mr. Butowsky finally contacted Joel and Mary Rich, the parents of Seth, and he relayed the information about Ms. Rattner’s meeting with Mr. Assange. During that conversation, Mr. Rich told Mr. Butowsky that he already knew that his sons were involved in the DNC email leak, but he and his wife just wanted to know who murdered Seth. Mr. Rich said he was reluctant to go public with Seth’s and Aaron’s role in leaking the emails because “we don’t want anyone to think our sons were responsible for getting Trump elected.” Mr. Rich said he did not have enough money to hire a private investigator, so Mr. Butowsky offered to pay for one. Mr. Rich accepted the offer and thanked Mr. Butowsky in an email.

48. On December 29, 2016 at 1:51 p.m., Mr. Butowsky sent an email to Ms. Rattner from his iPad: “If the person you met with truly said what he did, is their [sic] a reason you we aren’t reporting it ?” At 3:48 p.m. that afternoon, Ms. Rattner responded as follows: “because— it was a family meeting—- I would have to get his permission– will ask his new lawyer, my sister-in-law.”

The complaint also mentions an interesting development in my ongoing Freedom of Information Act lawsuit against the FBI. The feds claimed they had no information pertaining to Seth Rich, but they appear to be changing their tune.”

Read more:

http://lawflog.com/?p=2210

WOW!

 

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